Indian Institute of Technology, Kanpur

G.T. Road, Kalyanpur, Kanpur – 208016

Uttar Pradesh, India

Notice Inviting Tender

for
ZED 2i Stereo Camera or its equivalent

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 Tender Details
Tender Reference Number IITK/GSMT/BB/LTAS_03

Item Description ZED 2i Stereo Camera or its equivalent

Item Quantity 01 Units

Bid Submission Start Date & Time 30/08/2023 from 11:00 AM

Bid Submission End Date & Time 11/09/2023 till 03:00 PM

Extended till 15/09/2023, 03:00 PM
Bid Opening Date 13/09/2023 on 11:00 AM
Extended till 18/09/2023, 11:00 AM
Bid Submission Address Prof. B. Bhattacharya
SMSS LAB, Room 102, NL-1
Dept. of Mechanical Engg.
I.I.T. KANPUR, Kanpur 208016

Sealed quotations are invited for the purchase of the above items in the Two bid system. Both
Technical bid and financial bid in separate envelopes must be kept in a big envelope which must
be superscribed by Tender Reference number, Item Description and bid submission end date. The
sealed copy of bids must reach the above designated address on or before the Bid Submission End
Date & Time.

Terms and Conditions

Quotation Validity 30 Days
Place of Delivery IITK Kanpur
Delivery Period 06-08 Weeks
Warranty 12 Months
Payment Terms 100% on delivery
Quoted price should be F.O.R IIT Kanpur

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Specification of ZED 2i
General Specification
Output Resolution Side by Side
2x (2208x1242) @15fps
2x (1920x1080) @30fps
2x (1280x720) @60fps
2x (662x376) @100fps
Interface USB Type C - External cable (3m)
Baseline 12cm (4.72 in)
RGB Sensors Dual 1/3" 4MP CMOS
2688 x 1520 pixels
2µm x 2µm
Rolling shutter
YUV 4:2:2 - UYV (8bits)
Motion Sensors Gyroscope, Accelerometer, Magnetometer
Environmental Sensors Barometer, Temperature
Warranty 2-year hardware warranty
IP Rating IP66-rated Enclosure
Polarizer Built-in Polarizer
Focal Length 4mm
Field of View Max.72°(H) x 44°(V) x 81°(D)
Aperture f/1.8
TV Distortion 5.07%
Depth Range 1.5 m to 35 m
Depth Accuracy < 2% up to 10m
< 7% up to 30m
Object Detection Up to 35m (3D)
Up to 55m (2D)
Skeleton Tracking Up to 15m

Physical Specification
Dimension 175.25x 30.25x 43.1 mm
Weight 166g
Operating Temp. -10°C to +45°
Power 380mA / 5V USB powered

Inertial Measurement Unit

Accelerometer Range +/- 8G
Accelerometer Resolution 0.244 mg
Accelerometer Noise Density 3.2 mg
Gyroscope Range +/- 1000 dps

Gyroscope Resolution 0.03 dps

Gyroscope Noise Density 0.16 dps
Sensitivity Error +/- 0.4%
Output Data Rate 400 Hz

Magnetometer
Magnetic Field Range +/- 2500 µT (z)
+/- 1300 µT (x,y)
Magnetic Field Resolution 0.3 µT
Output Data Rate 50 Hz

Barometer
Pressure Range 300 to 1100 hPa
Pressure Resolution 0.18 Pa
Relative Pressure Accuracy 0.12 hPa
RMS Noise 0.2 Pa
Output Data Rate 25 Hz

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Selection Criteria: -

Phase-I: Technical Evaluation & Sample Approval

Technical evaluation will be done based on information/item or product catalogue provided in

technical bids submitted by the bidders. A bid containing partial, incomplete, unclear, superfluous
and unwanted information will be summarily rejected.

Technical declaration must be supported with relevant documents. Discrepancy in relevant

supporting documents and technical compliance sheet shall lead to rejection of technical bids.

Phase-II

a. Financial bids of technically qualified or/and approved samples shall be opened.

b. Financial evaluation is purely done on the total financial implication.
c. Financial Bids with any superfluous, unreasonable rates will be summarily rejected.

 Late Delivery:

Delivery must be completed within the period mentioned in tender document from the
date of receipt of the order. Penalty @ 1% per week or part thereof subject to a maximum
of 10% of the delivery price will be deducted from the balance payment if supply is not
completed within stipulated period.

 Instruction to the bidder of countries which share land border with India (Rule 144(xi)
of GFRs, 2017)

I. Any bidder from a country which shares a land border with India will be eligible to bid in
this tender only if the bidder is registered with the Department for Promotion of Industry
and Internal Trade (DPIIT). Further, any bidder (including bidder from India) having
specified Transfer of Technology (ToT) agrrangement with any entity from a country which
shares a land border with India, shall also require to be registered with the DPIIT.

II. "Bidder" (including the term 'tenderer', 'consultant' or 'service provider' in certain
contexts) means any person or firm or company, including any member of a consortium or
joint venture (that is an association of several persons, or firms or companies), every
artificial juridical person not falling in any of the descriptions of bidders stated
hereinbefore, including any agency branch or office controlled by such person,
participating in a procurement process.

III. "Bidder (or entity) from a country which shares a land border with India" for the purpose
of this Order means: -

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 a. An entity incorporated, established, or registered in such a country; or
b. A subsidiary of an entity incorporated, established, or registered in such a country; or
c. An entity substantially controlled through entities incorporated, established, or registered
in such a country; or
d. An entity whose beneficial owner is situated in such a country; or
e. An Indian (or other) agent of such an entity; or
f. A natural person who is a citizen of such a country; or
g. A consortium or joint venture where any member of the consortium or joint venture falls
under any of the above

IV. The beneficial owner for the purpose of (III) above will be as under:
1. In case of a company or Limited Liability Partnership, the beneficial owner is the natural
person(s), who, whether acting alone or together, or through one or more juridical
person, has a controlling ownership interest or who exercises control through other
means.

Explanation-
a. "Controlling ownership interest" means ownership of, or entitlement to, more than
twenty-five per cent of shares or capital or profits of the company.
b. "Control" shall include the right to appoint majority of the directors or to control the
management or policy decisions, including by virtue of their shareholding or
management rights or shareholders agreements or voting agreements.
2. In case of a partnership firm, the beneficial owner is the natural person(s) who, whether
acting alone or together, or through one or more juridical person, has ownership of
entitlement to more than fifteen percent of capital or profits of the partnership.
3. In case of an unincorporated association or body of individuals, the beneficial owner is
the natural person(s), who, whether acting alone or together, or through one or more
juridical person, has ownership of or entitlement to more than fifteen percent of the
property or capital or profits of such association or body of individuals.
4. Where no natural person is identified under (1) or (2) or (3) above, the beneficial owner
is the relevant natural person who holds the position of senior managing official.
5. In case of a trust, the identification of beneficial owner(s) shall include identification of
the author of the trust, the trustee, the beneficiaries with fifteen percent or more
interest in the trust and any other natural person exercising ultimate effective control
over the trust through a chain of control or ownership.

V. An Agent is a person employed to do any act for another, or to represent another in

dealings with third person.
[Note: i. A person who procures and supplies finished goods from an entity from a country which shares a
land border with India will, regardless of the nature of his legal or commercial relationship with the producer of the
goods, be deemed to be an Agent.

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 ii. However, a bidder who only procures raw material, components etc. from an entity from a country
which shares a land border with India and then manufactures or converts them into other goods will not be treated
as agent.]
VI. In case of tenders for Works contracts, including Turnkey contracts, the successful bidder
shall not be allowed to sub-contract works to any contractor from a country which shares
a land border with India unless such contractor is registered with the Competent Authority.
VII. The registration shall be valid at the time of submission of bid and at the time of acceptance
of bid.
VIII. If the bidder was validly registered at the time of acceptance / placement of order,
registration shall not be a relevant consideration during contract execution.

 As per the Ministry of Commerce and Industry Order No. P-45021/2/2017-PP(BE-II) dated
16.09.2020 preference shall be given to Make in India products for which it is mandatory
for bidders to declare Country of Origin of goods and percentage of Local contents in the
product.

Definitions:
“Local Content” means the amount of value added in India which shall, unless otherwise
prescribed by the Nodal Ministry, be the total value of the item procured (excluding net
domestic indirect taxes) minus the value of imported content in the item (including all
customs duties) as a proportion of the total value, in percent.

“Class-I local supplier” means a supplier or service provider, whose goods, services or
works offered for procurement, has local content to or more than 50%, as defined under
this order.

“Class-II local supplier” means a supplier or service provider, whose goods, services or
works offered for procurement, has local content more than 20% but less than 50%, as
defined under this order.
“Margin of purchase preference” means the maximum extent to which the price quoted
by a Class-I local supplier may be above the L1 for the purpose of purchase preference.
(shall be 20%)

Purchase Preference:
(a) Subject to the provisions of this Order and to any specific instructions issued by the Nodal
Ministry or in pursuance of this Order, purchase preference shall be given to ‘Class-I local
supplier’ in procurements undertaken by procuring entities in the manner specified here
under.
(b) In the procurements of goods or works, which are covered by para 3(b) above and which
are divisible in nature, the Class-l local supplier' shall get purchase preference over 'Class-
II local supplier' as well as 'Non-local supplier', as per following procedure:

i. Among all qualified bids, the lowest bid will be termed as L1. If L1 is Class local
supplier', the contract for full quantity will be awarded to L1.
ii. If L1 bid is not a 'Class-l local supplier', 50% of the order quantity shall be awarded to
L1. Thereafter, the lowest bidder among the 'Class-l local supplier' will be invited to

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 match the L1 price for the remaining 50% quantity subject to the Class-l local
supplier's quoted price falling within the margin of purchase preference, and contract
for that quantity shall be awarded to such 'Class-l local supplier' subject to matching
the L1 price. In case such lowest eligible 'Class-l local supplier' fails to match the L1
price or accepts less than the offered quantity, the next higher 'Class-l local supplier'
within the margin of purchase preference shall be invited to match the L1 price for
remaining quantity and so on, and contract shall be awarded accordingly. In case
some quantity is still left uncovered on Class-l local suppliers, then such balance
quantity may also be ordered on the L1 bidder.
(c) In the procurements of goods or works, which are covered by para 3(b) above and which
are not divisible in nature, and in procurement of services where the bid is evaluated on
price alone, the 'Class-1 local supplier' shall get purchase preference over 'Class-Il local
supplier' as well as 'Non-local supplier', as per following procedure:
i. Among all qualified bids, the lowest bid will be termed as L1. If L1 is 'Class-1 local
supplier', the contract will be awarded to L1.
ii. If L1 is not 'Class-1 local supplier', the lowest bidder among the 'Class-l local
supplier', will be invited to match the L1 price subject to Class-l local supplier's
quoted price falling within the margin of purchase preference, and the contract
shall be awarded to such 'Class-l local supplier' subject to matching the L1 price.
iii. In case such lowest eligible 'Class-1 local supplier' fails to match the L1 price, the
'Class-1 local supplier' with the next higher bid within the margin of purchase
preference shall be invited to match the L1 price and so on and contract shall be
awarded accordingly. In case none of the 'Class-1 local supplier' within the margin
of purchase preference matches the L1 price, the contract may be awarded to the
L1 bidder.
(d) "Class-Il local supplier" will not get purchase preference in any procurement, undertaken
by procuring entities.

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 (A)
COMMERCIAL TERMS AND CONDITIONS

1. DEFINITIONS
These Commercial Terms and Conditions shall constitute the General Conditions of
Contract,
where no separate contract is signed with the selected Bidder(s), and, the Bidders by
putting their signature and stamp on each page of this Section V are binding themselves to
these Terms and Conditions. In the Commercial Terms and Conditions as defined below,
words and expressions shall have the following meanings assigned to them:

a. “Contract” means the agreement of the Parties relating to the procurement of Goods and
/ or the IITK Purchase Order (PO), and all attachments incorporated by reference, which
shall form an integral part of the Contract. In the event of any discrepancy, the documents
to prevail shall be given precedence in the following order: (i) the Contract (where
separately signed), (ii) the IITK Purchase Order, (iii) its attachments, and (iv) these
Commercial Terms and Conditions;

b. “Contractor” means the person or entity named in the ‘CONTRACTOR’ named field of the
IITK Purchase Order and any agreed in writing by the IITK legal successor(s) in title;

c. “Day” means any calendar day;

d. "Delivery Date" means the latest possible date by which the Goods shall be delivered by
the Contractor to the IITK, as specified in the ‘DELIVERY DATE’ named field of the IITK
Purchase Order;

e. “Force Majeure” shall mean any unforeseeable exceptional situation or event beyond the
Parties’ control which prevents either of them from fulfilling any of their obligations under
the Contract, was not attributable to error or negligence on their part (or of their partners,
contractors, agents or employees), and could not have been avoided by the exercise of due
diligence. Defects in equipment or material or delays in making them available, labour
disputes, strikes or financial problems cannot be invoked as Force Majeure by the
defaulting Party. Neither of the Parties shall be held liable for breach of its obligations
under the Contract if it is prevented from fulfilling them by Force Majeure. The Party
invoking Force Majeure shall notify the other without delay, stating the nature, likely
duration and foreseeable effect, and take any measure to minimise possible damage;

f. “Goods” means all of the goods to be supplied to the IITK by the Contractor under the
Contract;

g. “IITK” means the Indian Institute of Technology Kanpur;

h. “IITK Purchase Order” means the IITK’s official Purchase Order document;
(i) “Party” means the IITK or the Contractor and “Parties” means the IITK and the
Contractor; and
(ii) “Place(s) of Delivery” means the location(s) or place(s) where the Goods are to be
delivered, as specified in the ‘SHIP TO’ named field of the IITK Purchase Order.

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2. CONCLUSION OF THE CONTRACT
2.1. The Contract is made between the IITK and the Contractor. The Contractor is engaged as
an independent contractor for the sole purpose of delivering the Goods.
2.2. The Contract shall be concluded upon the Contractor duly following the countersigning
procedure as stated in the IITK Letter of Intent (LOI).

3. FUNDING
This Contract shall become and remain effective only on the condition that an official
Purchase Order is issued by IITK following the conclusion of tender exercise. In the event
this is not or no longer shall the case, the IITK without unreasonable delay notify the
Contractor thereof.

Any continuation of the Contractor’s performance under this Contract after being notified
by the IITK shall be at the Contractor’s risk and expense.

4. DELIVERY AND TAKE-OVER OF GOODS

The Contractor shall deliver the Goods at the Place(s) of Delivery. On behalf of the IITK, a
duly authorised representative(s), shall take-over the Goods upon delivery. Take-over of
the Goods by the IITK shall not be deemed acceptance of the Goods by the IITK. The time
of delivery as specified in the Contract / PO shall be strictly adhered to, and time shall be
of the essence.

5. QUALITY OF GOODS
5.1. The Contractor shall deliver Goods that are:
a. of the quality, quantity and description as required by the Contract / PO; and
b. free from any right or claim of a third party, including rights based on industrial
property or other intellectual property.
5.2. Should the Goods be of the type “homogeneously defined” or disposable, the Contractor
shall provide a sample and undertake, certify, and guarantee that all Goods delivered shall
be of the same quality and characteristics as the sample(s) provided.

6. INSPECTION AND ACCEPTANCE

6.1. The duly authorised representative(s) of the IITK shall have the right, before payment, to
inspect the Goods either at the Contractor's stores, during manufacture, at the ports
and/or in places of shipment, or at the Place(s) of Delivery. The Contractor shall provide
all facilities for such inspection. The IITK may issue a written waiver of inspection. Any
inspection carried out by representative(s) of the IITK or any waiver thereof shall be
without prejudice to other provisions of the Contract concerning obligations assumed by
the Contractor, including specifications of the Goods.
6.2. Upon delivery and inspection of the Goods, the IITK shall inspect the goods as soon as
possible and complete the Goods Receiving Document. Should any Goods fail to conform
to the technical specifications, codes and standards under the Contract, the IITK may
reject the Goods. The Contractor shall, at no cost to the IITK, replace the rejected Goods
or, alternatively, rectify the non-conformity.
6.3. In the case of Goods ordered on the basis of specifications or samples, the IITK shall have
the right to reject the Goods or any part thereof and terminate the Contract if the Goods
do not conform to the specifications and/or samples. Nothing in this clause shall in any
way release the Contractor from any warranty or other obligations under the Contract.

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7. SHIPPING AND INSURANCE
For overseas orders, shipping arrangements shall be co-ordinated by IITK. Original shipping
documents including the packing list shall be airmailed/emailed by the Contractor to the
(Deputy Registrar (S&P), IIT, Kanpur – 208 016, UP, India).

8. OBSERVANCE OF LAW AND EXPORT LICENCES

The Contractor shall comply with all laws, ordinance, rules and regulations bearing upon
the performance of its obligations under the terms of the Contract. If an export licence or
any other governmental authorisation is required for the Goods, it shall be the obligation
of the Contractor to obtain such licence or governmental authorisation. In the event of the
Contractor’s failure to obtain such licence or authorisation within a reasonable time, the
IITK may immediately terminate the Contract. Where the award procedure or execution of
the Contract is vitiated by substantial errors or irregularities or by fraud, the IITK shall
suspend execution of the Contract.

Where such errors, irregularities or fraud are attributable to the Contractor, the IITK may
also refuse to make payments or may recover monies already paid, in proportion to the
seriousness of the errors, irregularities or fraud. The purpose of suspending the Contract
shall be to verify whether presumed substantial errors and irregularities or fraud have
actually occurred. If they are not confirmed, execution of the Contract shall resume as soon
as possible. A substantial error or irregularity shall be any infringement of a contract or
regulatory provision of India, resulting from an act or an omission that causes or might
cause a financial loss.

9. PRICE
The price of the Goods shall be as stated in the Purchase Order and may not be increased.

10. PAYMENT
10.1. Unless otherwise stipulated in the Purchase Order, the IITK shall make payment within
thirty (30) Days of the later of:
a. Successful delivery of the goods to IITK as confirmed by the consignee (Assistant
Registrar, Store & Purchase, IIT-Kanpur), endorsed by the indenter and approved by
the indenters’ Head of Department / Section;
b. Receipt of customary shipping documents and any other documents specified in the
Contract; and (c) Receipt of the original invoice issued by the Contractor.
10.2. All invoices shall be in original and shall contain the IITK Purchase Order number, and a
description, the quantities, unit and total price(s) of the Goods delivered. The currency of
invoice and payment shall be as specified in the Purchase Order. Unless otherwise
authorised by the IITK, a separate invoice shall be submitted for each shipment under the
Contract / PO. Subject to Clause 11 below (‘Tax Exemption’), if applicable, the GST amount
shall be separately identified in the invoice.
10.3. Payments shall be made in the currency stated in the Contract / PO, on the basis of the
equivalent value of INR on the day of payment and paid directly into the nominated bank
account.
10.4. The IITK shall not pay any charge for late payments.

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11. TAX EXEMPTION
The Contractor's price shall reflect any tax exemption to which the IITK is entitled. If it is
subsequently determined that any taxes that have been included in the price are not
required to be paid or if, having been paid, any such taxes are subject to refunding, the IITK
shall deduct the amount from the Contract price. Payment of such adjusted amount shall
constitute full payment by the IITK. In the event that any taxing authority refuses to
recognize the IITK’s exemption from taxes, the Contractor shall immediately consult with
the IITK to determine a mutually acceptable procedure for settling the applicable amount.

12. WARRANTY
12.1. The Contractor warrants that the Goods furnished under the Contract conform to the
technical specifications, description and standards specified in the Contract, and are new
and unused, and free from defects in design, workmanship and/or materials.
12.2. The Contractor shall provide a warranty for the Goods for a period of one year from the
date of acceptance of the Goods by the IITK, unless the standard manufacturer’s warranty
period is longer in which case the longer period shall apply.
12.3. In the case of “homogeneously defined” or disposable goods, should any portion of the
Goods, at any time, not comply with clause 5.1 or 5.2 herein or otherwise prove to be
defective, the Contractor shall, upon written notification from the IITK, replace that portion
of the Goods and bear all costs associated with the replacement of same.

13. PACKING
13.1. The Goods shall be packed and marked in a proper manner and in accordance with the
Contract and any statutory requirements and any requirements of the carrier(s). In
particular, the Goods shall be marked with the IITK Purchase Order number and the net,
gross and tare weights, the name of the contents shall be clearly marked on each container
and all containers of hazardous goods (and all documents relating thereto) shall bear
prominent and adequate warnings.
13.2. The Contractor shall provide such packing of the Goods as is required to prevent their
damage or deterioration during transit to their final destination. The packing shall be
sufficient to withstand, without limitation, rough handling during transit. Packing case size
and weights shall take into consideration, where appropriate, the remoteness of the final
destination and the absence of appropriate handling facilities at all points in transit.
13.3. All packaging materials shall be non-returnable.

14. DEFAULT AND DAMAGES

14.1. If due to reasons attributable to the Contractor, the Contractor fails or refuses to:
a. deliver any or all of the Goods under the Purchase Order;
b. comply with any or all of the terms and conditions set out in the Purchase Order; or
c. deliver any or all of the Goods under the Purchase Order on or before the Delivery
Date; the IITK may hold the Contractor in default under the Purchase Order.
14.2. When the Contractor is thus in default, the IITK may, by written notice to the Contractor,
immediately terminate the Purchase Order in whole or in such part or parts thereof in
respect of which the Contractor is in default.
14.3. Alternatively, to clause 14 above when the Contractor is thus in default, the IITK may, at its
own discretion, set a reasonable period of time for the Contractor to remedy its default.

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 Any new Delivery Date shall be specified in a written amendment to the Purchase Order,
duly countersigned by the Contractor.
14.4. The IITK may, at its discretion, impose penalties upon the Contractor calculated in
accordance with clause 15 for each Day the Contractor is late in delivering the Goods past
the Delivery Date initially specified in the Purchase Order.
14.5. If the Contractor does not remedy its default within the period of time accorded under
clause 16, the IITK may, by written notice to the Contractor, terminate the Purchase Order
with immediate effect.
14.6. Upon any termination of the Purchase Order, in whole or such part(s) thereof in respect of
which the Contractor is in default, the IITK may engage another contractor to deliver the
Goods and recover any difference in price and any additional costs from the Contractor.
14.7. The Contractor shall indemnify the IITK for all losses, charges, costs and expenses, which
the IITK may suffer or incur as a result the Contractor’s default, including those resulting
from engaging another contractor pursuant to this clause 14.

15. PENALTIES
If, in accordance with clause 15, the IITK imposes penalties on the Contractor, such
penalties shall amount to One percent (1%) of the total Purchase Order price for each week
following the initial Delivery Date specified in the Purchase Order but shall not amount to
more than Ten percent (10%) of the total Purchase Order value. The penalties for the delay
may be deducted by IITK from any sum(s) due, or to become due, by the IITK to the
Contractor.

16. DELAY NOT ATTRIBUTABLE TO THE CONTRACTOR

If the Contractor is delayed at any time in the delivery of the Goods or fulfilment of any
other of the Contractor’s obligations by any act or omission of the IITK, or by any of its
officials, or by any separate contractor(s) contracted by the IITK, or by changes ordered in
the type and/or quantity of the ordered Goods, or the Place(s) of Delivery, or any causes
beyond the Contractor’s reasonable control, or by any other cause, which the IITK
determines may reasonably justify the delay, the Delivery Date of the Goods, or fulfilment
of any other of the Contractor’s applicable obligations shall be extended for such
reasonable period of time as the IITK and the Contractor mutually determine. The set
reasonable period of time and any amended delivery date shall be specified in a written
amendment to the Contract / PO, duly countersigned by the Contractor.

17. FORCE MAJEURE

As soon as possible after the occurrence of any event constituting Force Majeure, but no
later than three (3) Days, the Contractor shall give notice and full particulars in writing to
the IITK of the Force Majeure. If the Contractor is thereby rendered unable, wholly or in
part, to meet its obligations under the Contract, the IITK may terminate the Contract / PO
with immediate effect by providing written notice to the Contractor.

18. INDEMNITY
18.1. The Contractor shall indemnify, hold and save harmless and defend at its own expense the
IITK, and all of the foregoing’s officials, agents, servants and employees from and against
all suits, claims, demands and liability of any nature or kind, including costs and expenses,
arising out of acts or omissions of the Contractor or its employees, agents or
subcontractors in the performance of the Contract.

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 18.2. Clause 18 shall include, without limitation, claims and liabilities in the nature of workmen's
compensation and claims and liabilities arising out of the use of patented inventions or
devices.

19. ASSIGNMENT
19.1. The Contractor shall not assign, transfer, pledge or make other disposition of the Purchase
Order or any part thereof or of any of the Contractor's rights, claims or obligations under
the Purchase Order except with the express written consent of the IITK. Any assignment
made without such consent shall be void and of no effect.
19.2. The Contractor shall not subcontract any of its obligations under the Contract / PO without
the express written consent of the IITK. The IITK may require the Contractor to furnish
particulars of the proposed subcontract as the IITK deems necessary.
19.3. The IITK’s approval of any subcontracting shall not relieve the Contractor from any liability
or obligation under the Contract. In any subcontract, the Contractor agrees to bind the
subcontractor by the same terms and conditions by which the Contractor is bound under
the Contract / PO.

20. INSOLVENCY AND BANKRUPTCY

20.1. Should the Contractor become insolvent or should control of the Contractor change by
virtue of insolvency, the IITK may with immediate effect and without prejudice to any other
right or remedy available to it, suspend the performance of the Contractor’s obligations or
terminate the Purchase Order with immediate effect, by providing the Contractor with
written notice thereof.
20.2. Should the Contractor be adjudged bankrupt, or should the Contractor make a general
assignment for the benefit of its creditors, or should a receiver be appointed on account of
the Contractor's insolvency, the IITK may, without prejudice to any other right or remedy
available to it, terminate the Purchase Order with immediate effect by providing the
Contractor with written notice thereof.

21. TERMINATION
21.1. The IITK shall have the right to terminate the Purchase Order or any of the provisions
thereof at any time by serving a three days’ notice to the Contractor.

22. WAIVER
A waiver of any breach of or default under the Contract / PO shall not constitute a waiver
of any other breach or default and shall not affect the other terms of the Contract / PO.
The rights and remedies provided by the Purchase Order are cumulative and are not
exclusive of any other rights or remedies.

23. ADVERTISING
The Contractor shall not advertise or otherwise make public the fact that it is a contractor
to the IITK. The Contractor shall not in any way use the name, emblem, logo, official seal,
or any abbreviation of the IITK.

24. DISCRETION AND CONFIDENTIALITY

The Contractor is required to exercise the utmost discretion in all matters relating to the
Contract / Purchase Order. Unless required in connection with the performance of the
Purchase Order or expressly authorised in writing by the IITK, the Contractor shall not

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 disclose at any time to any third party any information which has not been made public
and which is known to the Contractor by reason of its association with the IITK. The
Contractor shall not, at any time, use such information to any private advantage. These
obligations do not lapse upon any completion, expiration, cancellation or termination of
the Contract / PO.

25. NOTICES
Any notice given in connection with the Contract shall be given in English and in writing
and shall be deemed to be validly given if sent by registered mail or by fax or by email to
the other Party at the following:
a. for the IITK: the contact details set out in the ‘IITK BUYER’ name field of the
Purchase Order; and
b. for the Contractor: the contact details set out in the ‘CONTRACTOR’ named field of
the IITK Contract/Purchase Order.

26. STAFF MEMBERS NOT TO BENEFIT

The Contractor shall not grant to any official of the IITK any direct or indirect benefit or
preferential treatment on the basis of the Purchase Order or the award thereof. Any breach
of this provision shall constitute a fundamental breach of the Purchase Order.

27. GOVERNING LAW

The Contract shall be governed by and construed in accordance with the substantive laws
of the Republic of India.

28. SETTLEMENT OF DISPUTES

28.1. The Parties shall use their best efforts to negotiate and amicably settle any disputes,
controversies or claims arising out of, or in connection with, the Contract / Purchase Order
or its interpretation.
28.2. If the Parties fail to settle the dispute amicably within thirty (30) Days of commencement
of the negotiations, the dispute shall be settled through arbitration. One (1) sole arbitrator
shall be appointed by the Director of IITK who shall have full powers to make final and
binding decisions subject to prevailing laws of India. The appointing authority shall be the
Director of IITK. The place of arbitration shall be Kanpur and the language used in the
arbitration proceedings shall be English.

29. PRIVILEGES AND IMMUNITIES

No provision of the Contract / Purchase Order shall be deemed, or interpreted as, a waiver
of the privileges and immunities enjoyed by the IITK.

30. AMENDMENTS
No modification, amendment or change to the Contract/Purchase Order, or waiver of any
of its provisions, or any additional contractual relationship with the Contractor shall be
valid unless approved in the form of a written amendment to the Contract/Purchase Order,
signed by a fully authorised representative of each Party.

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31. VALIDITY
The invalidity in whole or part of any condition of the Contract / Purchase Order or clause
thereof shall not affect the validity of the remainder of such condition or clause.

32. ENTIRE AGREEMENT

The Contract / Purchase Order constitute the entire agreement and understanding of the
Parties and supersede any previous agreement, whether orally or in writing, between the
Parties relating to the subject matter of the Contract.

33. GOVERNING LANGUAGE

The Contract / Purchase Order shall be executed in the English language which shall be the
binding and controlling language for all matters relating to the meaning and interpretation
of the Contract / Purchase Order.

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 Appendix -1

TENDER ACCEPTANCE LETTER

(To be given on Company Letter Head)

Date: _____________
To,
______________________
______________________
______________________

Sub: Acceptance of Terms & Conditions of Tender.

Tender Reference No: ________________________

Name of Tender / Work: -

_______________________________________________________________

Dear Sir,
1. I/ We have downloaded / obtained the tender document(s) for the above mentioned
‘Tender/Work’ from the web site(s) namely:
_______________________________________________________________________as per
your advertisement, given in the above mentioned website(s).
2. I / We hereby certify that I / we have read the entire terms and conditions of the tender
documents from Page No. _______ to ______ (including all documents like annexure(s),
schedule(s), etc .,), which form part of the contract agreement and I / we shall abide hereby by
the terms / conditions / clauses contained therein.
3. The corrigendum(s) issued from time to time by your department/ organisation too have also
been taken into consideration, while submitting this acceptance letter.
4. I / We hereby unconditionally accept the tender conditions of above mentioned tender
document(s) / corrigendum(s) in its totality / entirety.
5. I / We do hereby declare that our Firm has not been blacklisted/ debarred/ terminated/ banned
by any Govt. Department/Public sector undertaking.
6. I / We certify that all information furnished by our Firm is true & correct and in the event that
the information is found to be incorrect/untrue or found violated, then your department/
organisation shall without giving any notice or reason therefore or summarily reject the bid or
terminate the contract, without prejudice to any other rights or remedy including the forfeiture
of the full said earnest money deposit absolutely.
Yours Faithfully,
(Signature of the Bidder, with Official Seal

Page 16 of 18
 Appendix - 2
Declaration for Local Content
(To be given on Company Letter Head - For tender value below Rs.10 Crores)
(To be given by Statutory Auditor/Cost Auditor/Cost Accountant/CA for tender value above
Rs.10 Crores)

Date: _____________
To,
The Director,
Indian Institute of Technology Kanpur,
GT Road, Kalyanpur, Kanpur -208016

Sub: Declaration of Local content

Tender Reference No: ________________________

Name of Tender / Work: - ________________________________________________________

1. Country of Origin of Goods being offered: _______________________

2. We hereby declare that items offered has ____% local content.

“Local Content” means the amount of value added in India which shall, be the total value of the
item being offered minus the value of the imported content in the item (including all customs
duties) as a proportion of the total value, in percent.

“*False declaration will be in breach of Code of Integrity under Rule 175(1)(i)(h) of the General
Financial Rules for which a bidder or its successors can be debarred for up to two years as per Rule
151 (iii) of the General Financial Rules along with such other actions as may be permissible under
law.”

Yours Faithfully,
(Signature of the Bidder, with Official Seal)

Page 17 of 18
 Appendix - 3

Bid Security Declaration

(To be given on Company Letter Head)

Date: _____________
To,
The Officer-In-Charge
Central Stores
IIT Kanpur-208016

Sub: Certificate for bid security declaration

Tender Reference No : ________________________

Tender ID : ________________________

Name of Tender / Work: -

_______________________________________________________________

"I/We have read the clause regarding Bid Security Declaration/Earnest Money Deposit and I/We
are fully aware that if I/We withdraw or modify the bid during the period of validity I may be
suspended for a period of 3 years ."

Yours Faithfully,
(Signature of the Bidder, with Official Seal)

Page 18 of 18